SUMMARY: On June 15, 2006, the Mine Improvement and New Emergency
Response (MINER) Act of 2006 was enacted. In accordance with Section 2
of the MINER Act, each underground coal mine operator must submit an
emergency response plan (ERP) to the appropriate MSHA District Manager.
The ERP provides for the evacuation of all individuals endangered by an
emergency and also for the maintenance of individuals trapped
underground in the event that miners are unable to evacuate the mine.
MSHA is soliciting comments that address the availability of readily
accessible breathable air that would be sufficient to maintain miners
trapped underground over a sustained period of time. MSHA will consider
these comments in developing guidance to assist in assuring that the
ERPs provide safe and reliable post-accident breathable air supplies
for trapped miners.

DATES: Comments must be received by MSHA on or before October 16, 2006.

Docket: Comments can be accessed electronically at http://www.msha.gov under the ``Program Policy Letter (P06-V-9)'' link on the MINER Act
single source page. MSHA will post all comments on the Web site without
change, including any personal information provided. Comments may also
be reviewed at the Office of Standards, Regulations, and Variances,
1100 Wilson Blvd., Room 2350, Arlington, Virginia 22209-3939.

SUPPLEMENTARY INFORMATION: The MINER Act (Pub. L. 109-236) became
effective on June 15, 2006. Section 2 of the MINER Act amends Section
316 of the Federal Mine Safety and Health Act of 1977 (Mine Act) to
require that every underground coal mine operator have an emergency
response plan which is to be approved by MSHA. The Act further requires
MSHA, in determining whether to approve a particular plan, to consider
comments from miners and miners' representatives. The ERP must provide
for the evacuation of miners endangered by an emergency and for the
maintenance of miners trapped underground in the event that they are
unable to evacuate the mine. The MINER Act requires that the ERP
provide for ``emergency supplies of breathable air for individuals
trapped underground sufficient to maintain such individuals for a
sustained period of time.''

On June 27, 2006, MSHA solicited comments related to the
implementation of emergency response plans for underground coal mines.
Following review of these comments, MSHA issued Program Policy Letter
(PPL) Number P06-V-8 on July 21, 2006, which established MSHA policy
and guidance for mine operators to facilitate the development of their
ERPs.

In the PPL, MSHA stated that the ERP should address the amount of
post-accident breathable air necessary to maintain individuals for a
sustained period of time. The Agency suggested oxygen, compressed air,
or other alternatives to meet the breathable air requirement. Further,
MSHA stated that the Agency will need to review thoroughly and evaluate
alternatives to ensure that all safety and health risks are taken into
consideration. In the PPL, the Agency also noted that additional time and information is needed to
make decisions on the type, amount, and location of post-accident
breathable air to be furnished for trapped miners.

On August 4, 2006, MSHA reissued the PPL (as PPL Number P06-V-9) to
include an alternative to the distance table for self-contained self-
rescuer (SCSR) storage locations to allow mine operators to use a
functionality test to establish distances between SCSR storage
locations.

At this time, MSHA is soliciting information from the mining
community on topics related to post-accident breathable air that would
be sufficient to maintain miners trapped underground for a sustained
period of time.

The MINER Act requires that all approved plans:
(1) Afford miners a level of safety protection at least consistent
with the existing standards, including standards mandated by law and
regulation;
(2) Reflect the most recent credible scientific research;
(3) Be technologically feasible, make use of current commercially
available technology, and account for the specific physical
characteristics of the mine; and
(4) Reflect the improvements in mine safety gained from experience
under this Act and other worker safety and health laws.
In making decisions on requirements for post-accident breathable
air provisions in the plan, MSHA will take these factors into
consideration. Please consider these factors as you develop your
responses.

When answering the questions below, please key your response to the
topic and number of the question, and explain the reasons supporting
your views. Please provide relevant information on which you rely,
including, but not limited to, past experience, as well as data,
studies and articles, and standard professional practices. Include any
data related to technological feasibility or other related issues.

Issues on Which Information is Requested

MSHA requests information on the following issues related to the
breathable air provision of the MINER Act:

A. Emergency Supply of Breathable Air

1. What factors should MSHA consider in determining a ``sustained
period of time?'' Should a specific time period be adopted? If so, what
is the appropriate time period and why? The Agency has received
suggestions ranging from one hour of post-accident breathable air to a
continuous supply. Please include the rationale for the recommended
period of time.
2. Should factors such as mine size, mine design and layout, number
of miners potentially affected, and distance from the portals to the
working section be used, and if so, how, in determining the sufficient
quantity of breathable air? What other factors should be considered and
how should they be considered?
3. Where should the post-accident breathable air supply be located
in relation to: working sections; outby work stations; and along travel
routes?
4. The MINER Act requires that plans be periodically updated to
reflect changes in operations in the mine. What specific changes in
operations would result in a need to update the breathable air
provision of the plan?

B. Oxygen Sources

1. Please provide information and make recommendations on the best
way to provide breathable air. Please elaborate on the arguments for
and against using oxygen, compressed air, or chemically-induced oxygen
to maintain trapped miners for a sustained period of time. What other
available means of technology appropriate to maintain miners would you
recommend, and why?
2. MSHA solicits information on how compressed air lines routed
through mine openings could be protected against damage from explosion
or fire. How could techniques such as burying or armoring air lines
provide adequate protection?
3. MSHA solicits information on availability and possible obstacles
in developing and deploying systems for providing oxygen.

C. Emergency Shelters

Section 13 of the MINER Act requires the National Institute for
Occupational Safety and Health (NIOSH) to conduct research concerning
various types of refuge alternatives, including commercially-available
portable refuge chambers. In the interim, MSHA solicits comments on the
use of emergency shelters which contain sufficient quantities of post-
accident breathable air to maintain trapped miners.
1. Until specifications for refuge alternatives are developed, what
type of emergency shelters (e.g., inflatable or other portable quick-
deploy designs) should be provided, what safety features should they
offer, where should they be located, and why?
2. How should the use of emergency shelters be tied to emergency
supplies of breathable air?
3. If post-accident breathable air is provided through emergency
shelters, provide information on appropriate distances between
installations and proximity to working sections. Please provide
specific feasibility considerations, if any.
4. Under what circumstances, if any, could a barricade be used as
an emergency shelter to provide post-accident breathable air?